National Book Trust Is ‘State’ Under Article 12, Rules Supreme Court

National Book Trust Is ‘State’ Under Article 12, Rules Supreme Court in National Book Trust v. A.R. Abdul Gaffar

Case: The Chairman, National Book Trust, India and Another v. A.R. Abdul Gaffar and Others
Citation: 2026 INSC 1202
Date of Judgment: 06 November 2026
Court: Supreme Court of India
Coram: Justice Prashant Kumar Mishra and Justice Augustine George Masih
Proceedings: Civil Appeal No. 14369 of 2015

Court Observation

“We therefore uphold the conclusion of the Full Bench of the High Court that National Book Trust is an ‘other authority’ within the meaning of Article 12 of the Constitution and is consequently a ‘State’ for that purpose.”

Summary

The Supreme Court has held that the National Book Trust is a “State” under Article 12 of the Constitution, upholding a 2012 Full Bench judgment of the Delhi High Court. The Court found that the Government exercises deep and pervasive control over the Trust, including its constitution, governing composition, executive functioning and financial administration, and that the Trust is financially, functionally and administratively dominated by the Government.

The Court held that the Trust’s registration as a society or trust, and the fact that it generates part of its income independently, cannot displace its constitutional character. At the same time, the Court clarified that recognising the Trust as “State” does not convert it into a government department, does not make its employees civil servants, and does not automatically confer the protections of Articles 309, 310 and 311. The Court also declined to treat book publication as an exclusively governmental or sovereign activity.

Key Holdings

  • The National Book Trust is an “other authority” within the meaning of Article 12 of the Constitution and is consequently a “State” for the purpose of enforcing fundamental rights.
  • Whether a body is “State” is decided by a cumulative assessment of financial, functional and administrative domination by the Government, applying the tests in Ramana Dayaram Shetty, Ajay Hasia and Pradeep Kumar Biswas.
  • Registration as a society or trust, and independent generation of part of its income, does not take an institution outside Article 12 where government control is deep and pervasive.
  • Article 12 status does not convert the Trust into a government department, does not make its employees civil servants, and does not automatically confer protections under Articles 309, 310 and 311.
  • Book publication is not an exclusively governmental or sovereign activity, but that does not affect the Trust’s status as “State”.

Background

The National Book Trust was established through Government of India resolutions dated 15 June 1957 and 28 September 1962 to promote good literature and make books available to the public at moderate prices. The question whether it was a “State” arose in service litigation brought by A.R. Abdul Gaffar. A Full Bench of the Delhi High Court held on 1 June 2012 that the Government exercised deep and pervasive control over the Trust and that it was, in substance, an instrumentality or alter ego of the Government. The Trust appealed, and the Supreme Court has now dismissed the appeal.

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Disclaimer: This is a summary prepared for informational purposes only and does not constitute legal advice. Readers should refer to the official judgment for the authoritative text.

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